In 2012, expect to see the global trend of increasing anti-corruption enforcement persist as regulators around the world continue to show zeal in enforcing anticorruption laws. This is not to say, however, that anti-corruption enforcement will pose the same types of risk in different jurisdictions across the globe. In fact, understanding the differences in the kinds of bribery and corruption subject to stricter enforcement vigilance will be critical to formulating effective compliance strategies to mitigate risks on the ground in key markets.

Considerable Western media attention has focused on the 2011 amendment to China’s Criminal Law, which outlaws bribery of foreign (i.e., non-PRC) officials in connection with commercial transactions. The amendment of this offense, known as the [“Crime of Offering Bribes to Officials of Foreign Countries and International Public Organizations”] (often referred to as “China’s FCPA”), brings China towards compliance with the OECD Anti-bribery Convention. The seriousness with which the Chinese Communist Party (CCP), the ruling party of China, considers this matter is highlighted by significant coverage by Xinhua News, China’s official news agency, of recent remarks by He Guoqiang, a member of the Standing Committee of the CCP’s Political Bureau and the head of the CCP’s Central Commission for Discipline Inspection. Mr. He noted that China’s long-term development depends on systemic, grass-roots anti-corruption reform and improvements to the current corruption prevention and enforcement regime. Mr. He’s comments are not remarkable in themselves, but it is worth noting that Mr. He speaks as a senior party member, not as a government official. Thus, his voice in articulating the importance of improving anti-corruption enforcement underscores the extent to which the CCP views this issue as fundamental.